ZoneAlarm Capsule Terms and Conditions

General

  1. Your use of the ZoneAlarm Capsule application, platform or services ("Services") is subject to these terms and conditions ("Terms"). Before you use the Services, or any part thereof, you should read the Terms and print or save a copy for your records.
  2. ZoneAlarm, a Check Point Software Technologies, Inc. company ("ZoneAlarm") reserves the right to make changes to the Terms and will make an amended copy of the Terms available.
  3. Acceptance of the Terms is by clicking "accept" to the Terms in the user interface of the Services. By clicking "accept" to the Terms, you represent and warrant that you have full power, capacity and authority to accept and agree to the same and that you have the authority to grant all the rights and licenses granted by you under the Terms.
  4. You must have a ZoneAlarm Capsule Account ("Account") in order to access the Services. You shall ensure that all information you provide for your Account or your continued use of the Services will be accurate, correct and up to date.
  5. You are solely responsible for your use of the Services and any breaches of your obligations and undertakings under these Terms. You are responsible for ensuring that the use of the Services by you do not violate any laws applicable in your jurisdiction. If you become aware of any unauthorized use of your account you shall notify ZoneAlarm immediately.

Privacy Policy

  1. By using the Services and by providing any information you agree that such information shall be stored and used by ZoneAlarm in accordance with the ZoneAlarm Privacy Policy incorporated by reference into these Terms. The Privacy Policy can be found at: http://www.zonealarm.com/security/en-us/privacy.htm
  2. ZoneAlarm may process and store an application and customer data, for a period of up to 30 days, in the United States, in a country within the EEA, in a country recognized by the EEA as providing adequate protection of personal data, or in any other country in which ZoneAlarm or its agents maintain facilities. By using the Services under these Terms and Conditions, you consent to this processing and storage of an application and customer data.
  3. If you do not agree for us to process and store any customer data of yours or if you wish at any time to cease using the Services, you may check the box "Disable Web Sites Logging", located under "Settings" in the ZoneAlarm Capsule app.

Provision of Services by ZoneAlarm

  1. ZoneAlarm may, in its sole discretion and at any time, impose or adjust the limits on the number of activities you may send or receive through the Services you use and you agree to the same. You must also comply with the terms and conditions of Google Play in the event that you perform any activity via Google Play.
  2. ZoneAlarm may, in its sole discretion, choose to cease providing the current version of the Services (whether by discontinuation of the Services or by upgrading the Services to a newer version) and the current version of the Services will become the deprecated version of the Services.

Intellectual Property - Ownership

  1. You declare, confirm and agree that all titles, rights, interests in and to the Services, the content and the technology, including all intellectual property rights in and with respect thereto, whether registered or not ("IP Rights"), are and shall continue to be the property of ZoneAlarm and its licensors or suppliers. These Terms do not expressly or impliedly transfer any ownership, titles, rights or interests in or to the IP Rights or any of them or any derivative version thereof.
  2. Upon your acceptance of the Terms, you may access, download, view, copy and print the Services and content thereof available on the ZoneAlarm Capsule website. You undertake and agree not to distribute content obtained through the ZoneAlarm Capsule to any of your third party customers.
  3. ZoneAlarm Capsule logo and other marks used on the ZoneAlarm Capsule website are the property of ZoneAlarm. They may only be used as authorized in advance and in writing by ZoneAlarm. Any use thereof not so authorized by ZoneAlarm is a breach of these Terms.
  4. The Services may contain third party data and/or imagery and use thereof may be subject to the third party license agreement or other use restrictions. You are solely responsible for compliance with all third party licenses and use restrictions and for checking for updates to these licenses and use restrictions. If any update or change is not acceptable to you, you should discontinue use of the Service and any continued use of the Service by you will be deemed to be acceptance of any and all updates and modifications.

Other Content

  1. The Services may contain hyperlinks to other websites or content or resources over which ZoneAlarm Capsule has no control. ZoneAlarm is not responsible for the availability of such external sites or resources and does not endorse or agree to any advertising, products or other materials on or available from such websites or resources. ZoneAlarm is not liable for any loss and/or damage that may be incurred by you as a result of the availability of such external websites or resources or as a result of any reliance placed by you thereon.

Use of Services

  1. You shall use the Services only for purposes permitted by the Terms and those permitted by and in accordance with any applicable law, regulation or order.  You shall comply will all policies and guidelines issued by ZoneAlarm Capsule with respect to the Services ("Policies").
  2. You shall not:
    1. Access and use the Services for commercial use (namely, the provision of the Services by you to third parties through transactions that you or your third party customers generate income or other means of commercial advantage or private financial gain);
    2. Access or use the Services or any content through any technology other than those provided in the Services or as ZoneAlarm may explicitly authorize in advance in writing;
    3. Copy, translate, modify, create a derivative work of, publicly display any content (save for your content) or any part thereof;
    4. Reverse-engineer, decompile, disassemble, access  or hack the Services or otherwise attempt to extract the source code of the Services or any part thereof;
    5. Use, edit or publish content obtained through the Services with any other service or application except the ZoneAlarm Capsule  Services;
    6. Use the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any content;
    7. Use the Services in such a manner as to adversely affect ZoneAlarm and its business;
    8. Alter, delete, obstruct, remove any proprietary or in manner change any warning, notice (including rights notices) or link provided with the Services or content;
    9. Hide or mask from ZoneAlarm Capsule  your identity while using the Service, including by failure to follow identification conventions listed;
    10. Use the Services for any illegal, improper, inappropriate purposes;
    11. Violate any ZoneAlarm Capsule policies, guidelines or principles, as ZoneAlarm may develop from time to time.
  3. Without derogating from the generality of paragraph 17 above, you shall not:
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    2. Upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene or unlawful content;
    3. Upload, post, transmit or otherwise make available any content that infringes any patent, copyright, trade secret, confidential or other proprietary right of any third party;
    4. Upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements;
    5. Upload, post, transmit or otherwise make available any other content, message or communication prohibited by law or by any Service policies, guidelines or principles;
    6. Download any file posted by a third party that you know or reasonably should know cannot legally be distributed in such manner;
    7. Impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of content or other material;
    8. Restrict or inhibit any other user from using and enjoying the Services or any other ZoneAlarm services or products;
    9. Delete, obscure, or fail to display the Terms link as presented through the Services;
    10. Interfere with or disrupt the Services, servers or networks connected to the Services or violate any requirements, procedures, policies or regulations thereof;
    11. Use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Services or content or to collect information about users for any unauthorized or illegal purpose;
    12. Display content that gives the impression that such content is sponsored or endorsed by ZoneAlarm;
    13. Create user accounts by automated means or under false or fraudulent pretences or obtain or attempt to obtain multiple keys for the same URL;
    14. (Promote or provide instructional information about illegal activities;
    15. Promote physical harm or injury against any group or individual;
    16. Transmit any viruses, worms, defects, Trojan horses or any items of destructive nature.

Termination

  1. ZoneAlarm can terminate its agreement with you or cease to provide the Services immediately and without notice in the following cases:
    1. You are in breach of the Terms or any provision thereof (including where your behavior indicates that you  are unable to or do not intend to comply with the Terms);
    2. The Services rely on data or services provided by a third party partner of ZoneAlarm and such third party partner relationship has expired or been terminated or requires ZoneAlarm to change the way it provides the Services;
    3. )The provision of the Services could create a substantial economic burden on ZoneAlarm, as determined by ZoneAlarm in its sole discretion;
    4. (The provision of the Services could create a security or technical burden, as determined by ZoneAlarm in its sole discretion;
    5. ZoneAlarm is required to do so by law, regulation or order.

Exclusion of Warranties & Limitation of Liability

  1. YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK AND THE SERVICES AND CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. CHECK POINT SOFTWARE TECHNOLOGIES LTD. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "CHECK POINT") AND ITS LICENSORS AND THEIR SUPPLIERS DO NOT REPRESENT OR WARRANTY THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE.  CHECK, ITS LICENSORS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. EXCEPT AS SET FORTH IN THIS SECTION, CHECK POINT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, ABSENCE OF VIRUSES OR BUGS OR SATISFACTORY QUALITY. NEITHER CHECK POINT NOR ITS LICENSORS WARRANT OR REPRESENT THAT THE OPERATION OF THE SERVICES OR YOUR ACCESS THERETO WILL BE CONTINUOUS, ERROR-FREE OR UNINTERRUPTED.
  3. CHECK POINT, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING ALSO ANY LOSS OF PROFIT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS), INCLUDING LOSS AND DAMAGE RESULTING FROM: (1) ANY CHANGES THAT CHECK POINT MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY FEATURES WITHIN THE SERVICES; (2) THE DELETION, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (3) YOUR FAILURE TO PROVIDE CHECK POINT WITH COMPLETE AND ACCURATE INFORMATION; (4) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

    THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY EVEN IF CHECK POINT, LICENSORS AND THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

Indemnity

  1. You shall indemnify, defend and hold ZoneAlarm, its officers, directors, agents, licensors and their suppliers (the "Indemnitees") harmless from and against any loss, damage, expense, claim or liability arising out of: (i) your use of the Services in breach of these Terms, the Privacy Policy and/or of any other Policies; (ii) any use by users of your projects or solutions realized through your use of the Services; (iii) any claim that your projects or solutions or your content violates any applicable law, regulation or order and including also any claim of infringement of rights of any third party.

Miscellaneous

  1. ZoneAlarm is entitled to provide you with notices, including those regarding changes to the Terms, Privacy Policy and any other Policies, by email, regular mail or postings in the Services.
  2. Any waiver of any provision of these Terms will be effective only if ZoneAlarm expressly states in writing that it is waiving a specified provision.  Any waiver of a specified term shall not be deemed a waiver of any other term.
  3. If any court of law that has jurisdiction rules that any provision of these Terms is invalid then that provision shall be removed from the Terms without affecting the remainder of the Terms.
  4. You may not assign or otherwise dispose of your obligations under these Terms.  ZoneAlarm may assign these Terms.
  5. The Terms, the performance and termination thereof, shall be governed by the laws of the State of California without regard to their conflicts of laws provisions.  The courts of competent jurisdiction in California shall have sole and exclusive jurisdiction over all disputes arising under and with respect to these Terms, their performance and termination; provided however that nothing herein shall prevent ZoneAlarm from seeking remedies in any jurisdiction it deems fit to protect its proprietary and confidential titles, rights and interests.
  6. These Terms constitute the entire agreement between you and ZoneAlarm with respect to the Services and content and supersede and replace any and all prior agreements, statements, representations and/or warranties regarding the same.